Last updated April, 7 2025

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Rembrandts Coffee of Kinnelon, NJ, doing business as Longfellow’s Coffee (“Longfellow’s Coffee,” “we,” “us,” or “our”), concerning your access to and use of the https://longfellows.coffee website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in New Jersey, United States, and have our registered office at 2 Kiel Avenue, Kinnelon, NJ 07405.

By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you to any changes by updating the “Last updated” date, and you waive any right to receive individual notice of each change. Please review the Terms regularly to ensure you understand which terms apply. Your continued use of the Site after changes are posted will constitute your acceptance of the updated Terms.

The information on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would violate law or regulation or subject us to registration requirements. Users who access the Site from other locations do so at their own risk and are responsible for compliance with local laws.

The Site is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA), nor do we collect any health-related data. You may not use the Site in any way that would subject us to compliance with such laws or that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for individuals who are at least 18 years of age. However, individuals under 18 may access and use the Site only with the supervision and consent of a parent or legal guardian.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as all trademarks, service marks, and logos (the “Marks”) displayed on the Site, are the proprietary property of Longfellow’s Coffee or are licensed to us. These materials are protected by U.S. and international copyright, trademark, and intellectual property laws, as well as applicable unfair competition laws and treaties.

The Content and Marks are provided on the Site “AS IS” for your personal, non-commercial informational use only. Except as expressly stated in these Terms of Use, no part of the Site—including the Content and Marks—may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

Subject to your eligibility to use the Site, we grant you a limited, non-exclusive, non-transferable license to access and use the Site and to download or print a copy of any accessible portion of the Content solely for your personal, non-commercial use. All rights not expressly granted to you are reserved by Longfellow’s Coffee.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain and promptly update your information as necessary to ensure it remains accurate and complete;
3. You have the legal capacity to agree to and comply with these Terms of Use;
4. If you are under 18, you are using the Site with the supervision and consent of a parent or legal guardian;
5. You will not access the Site using automated or non-human methods, including bots, scripts, scrapers, or similar technologies, unless expressly authorized by us;
6. You will not use the Site for any unlawful, unauthorized, or prohibited purpose; and
7. Your use of the Site will comply with all applicable laws and regulations.

If any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and prohibit any current or future use of the Site (in whole or in part).

USER REGISTRATION

You may be required to register an account to access certain features of the Site. You agree to keep your login credentials, including your password, secure and confidential, and you accept full responsibility for all activities that occur under your account.

We reserve the right, in our sole discretion, to remove, reclaim, or modify any username you select if we determine that it is inappropriate, obscene, misleading, offensive, or otherwise objectionable.

PRODUCTS

We strive to display the colors, features, specifications, and details of our products on the Site as accurately as possible. However, we do not guarantee that your device’s display will accurately reflect actual product colors, features, or details. Product information may be incomplete, outdated, or subject to change.

All products are offered subject to availability, and we reserve the right to discontinue any product at any time for any reason. Prices are also subject to change without notice.

Some items, including food and beverages, may vary slightly in appearance or ingredients due to seasonal availability, preparation methods, or handcrafted nature. We reserve the right to make substitutions of similar quality and value when necessary, particularly for limited-run or perishable items.

PURCHASES AND PAYMENT

We accept the following forms of payment:

– Visa
– Mastercard
– American Express

You agree to provide current, complete, and accurate purchase and account information for all transactions made via the Site. You also agree to promptly update such information, including your email address, payment method, and payment card expiration date, to ensure successful transaction completion and to allow us to contact you as needed.

Sales tax will be added where applicable, as required by law. All prices are listed in U.S. dollars and are subject to change without notice.

By placing an order, you authorize us to charge your selected payment method for the total amount due, including any applicable taxes and shipping fees. We reserve the right to correct any errors or inaccuracies in pricing, even after payment has been requested or received.

We reserve the right to refuse or cancel any order at our sole discretion. This may include, but is not limited to, orders placed under the same customer account, payment method, billing address, or shipping address. We may also limit or prohibit orders that, in our judgment, appear to be placed by resellers, distributors, or unauthorized dealers.

RETURN POLICY

Please review our Return & Refund Policy posted on the Site prior to making any purchases. By completing a transaction, you agree to the terms outlined in that policy.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing.

As a user of the Site, you agree not to engage in any of the following prohibited activities, including but not limited to:

• Systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Making any unauthorized use of the Site, including collecting usernames and/or email addresses for unsolicited emails or creating user accounts by automated means or under false pretenses.
• Using a buying agent or purchasing agent to make purchases on the Site.
• Using the Site to advertise or offer to sell goods and services not approved by us.
• Circumventing, disabling, or interfering with security-related features of the Site.
• Engaging in unauthorized framing of or linking to the Site.
• Attempting to trick, defraud, or mislead us or other users.
• Making improper use of our support services or submitting false reports of abuse.
• Engaging in any automated use of the Site, including using scripts, bots, scrapers, data mining, or similar tools.
• Interfering with or disrupting the Site, servers, or networks connected to the Site.
• Impersonating another user or person, or misrepresenting your affiliation.
• Selling or transferring your profile.
• Using any information from the Site to harass, abuse, or harm others.
• Using the Site to compete with us or for any revenue-generating endeavor not authorized by us.
• Deciphering, decompiling, disassembling, or reverse engineering any part of the Site.
• Attempting to bypass any Site access controls or restrictions.
• Harassing, intimidating, or threatening any of our employees or agents.
• Removing copyright or proprietary notices from any Content.
• Copying or adapting Site software (e.g., HTML, JavaScript, Flash, PHP).
• Uploading or transmitting viruses, worms, Trojan horses, or other malicious or disruptive code.
• Uploading spyware, web bugs, cookies, or other passive/active data collection mechanisms.
• Launching or distributing automated tools or systems (e.g., spiders, scrapers, bots, offline readers) except for standard search engines or browsers.
• Disparaging, tarnishing, or otherwise harming us or the Site in our opinion.
• Using the Site in violation of any applicable laws, regulations, or third-party rights.

We reserve the right to take appropriate legal action, including without limitation suspending or terminating your access to the Site, for any violation of these Terms.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, or other interactive functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or via the Site—including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and on third-party platforms. Accordingly, any Contributions you transmit may be treated as non-confidential and non-proprietary.

By submitting Contributions, you represent and warrant that:

1. You own or have the necessary licenses, rights, consents, and permissions to use and to authorize us and others to use your Contributions as contemplated by the Site and these Terms.
2. Your Contributions do not and will not infringe any third party’s proprietary rights, including copyright, trademark, trade secret, patent, privacy, publicity, or moral rights.
3. You have obtained all necessary written consents from identifiable individuals appearing in your Contributions.
4. Your Contributions are truthful and not misleading.
5. Your Contributions do not contain unauthorized advertising, promotional content, spam, pyramid schemes, or mass messaging.
6. Your Contributions are not obscene, lewd, harassing, defamatory, libelous, violent, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, intimidate, or harm any individual or group.
8. Your Contributions do not promote or threaten violence.
9. Your Contributions do not violate any applicable law or regulation.
10. Your Contributions do not infringe the rights of any minor or include child-exploitative content.
11. Your Contributions do not include hate speech or discriminatory remarks based on race, gender, sexual orientation, religion, disability, or national origin.
12. Your Contributions do not link to or promote any content in violation of these Terms or applicable laws.

You acknowledge that you are solely responsible for your Contributions and agree to indemnify and hold us harmless from any claims arising from them.

We reserve the right, in our sole discretion, to remove or modify Contributions at any time and for any reason, and to suspend or terminate your access to the Site and Marketplace Offerings if you violate this section.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Site or by linking your account or content from social media platforms, you grant Longfellow’s Coffee a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, and perpetual license to use, reproduce, display, publish, distribute, modify, archive, and create derivative works from your Contributions for any business purpose, including promotional and marketing uses. This may include your name, likeness, business name, and any brand identifiers you submit, if applicable.

This license applies in all media formats and through all channels now known or developed in the future. You waive any moral rights or rights of attribution to the extent permitted by law, and you represent that you have the authority to grant this license.

You retain full ownership of your Contributions. We do not claim ownership of them, and you remain solely responsible for your submitted content. You agree not to hold us liable for any claims arising from your Contributions, and you assume full responsibility for their legality, reliability, and appropriateness.

We reserve the right (but not the obligation), at our sole discretion, to review, remove, or edit Contributions at any time for any reason. We may also categorize or relocate Contributions within the Site to improve user experience. While we are not obligated to monitor user content, we may take action in response to violations of these Terms or applicable law.

GUIDELINES FOR REVIEWS

We may provide areas on the Site for users to leave reviews or ratings. By submitting a review, you agree to the following:

1. You have direct, firsthand experience with the product, service, or person being reviewed.
2. Your review does not contain offensive language, hate speech, threats, or harassment.
3. Your review does not include discriminatory remarks based on race, religion, gender, age, sexual orientation, disability, or other protected status.
4. Your review does not reference or promote illegal activity.
5. If you are affiliated with a competitor, you agree not to post negative reviews.
6. You will not make legal claims or draw legal conclusions in your review.
7. Your review is honest, accurate, and not misleading.
8. You will not coordinate or encourage others to post biased reviews (positive or negative).

We reserve the right to accept, reject, or remove reviews at our discretion. We are not obligated to monitor reviews or to take action on any specific content, even if flagged by users. Reviews posted on the Site reflect the views of individual users and do not necessarily reflect our views or those of our partners.

By submitting a review, you grant us a non-exclusive, worldwide, royalty-free, fully paid, and sublicensable license to use, reproduce, display, adapt, and distribute your review in connection with our business, including marketing and promotional uses.

MOBILE APPLICATION LICENSE

Use License

If you access our Marketplace Offerings through a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the app on wireless electronic devices you own or control. This license allows access and use strictly in accordance with these Terms of Use.

You agree not to:

1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application (unless required by law);
2. Modify, adapt, improve, translate, or create derivative works based on the application;
3. Violate any laws or regulations in connection with your use of the app;
4. Remove, alter, or obscure any copyright, trademark, or proprietary notices;
5. Use the app for any commercial purposes or revenue-generating ventures not intended by us;
6. Make the app available on a network where it could be used by multiple devices or users at once;
7. Use the app to develop a competing product or service;
8. Use the app to send automated queries or unsolicited emails;
9. Use our intellectual property or interfaces to develop other applications, accessories, or software.

This license is subject to termination if you violate any of these restrictions or other provisions in our Terms of Use.

Apple and Android Devices

When you access our mobile application through the Apple App Store or Google Play (each, an “App Distributor”), the following terms apply:

Third-Party Beneficiary
The App Distributors are third-party beneficiaries of this mobile application license. They may enforce its terms against you.

License Scope
The license granted to you is a limited, non-transferable right to use the app on a device that runs the Apple iOS or Android operating system, in accordance with the usage rules in that App Distributor’s terms of service.

Maintenance and Support
We are responsible for providing any necessary maintenance and support services, as specified in these Terms of Use. You acknowledge that App Distributors are not obligated to provide any maintenance or support services.

Warranty and Claims
In the event the app fails to meet any applicable warranty, you may notify the App Distributor. Where applicable, they may refund the purchase price (if any). To the fullest extent permitted by law, App Distributors have no other warranty obligations.

Export Controls Compliance
You represent and warrant that:

You are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country;

You are not listed on any U.S. government list of prohibited or restricted parties.

Third-Party Terms Compliance
You agree to comply with any applicable third-party terms when using the app (e.g., not violating wireless data service agreements when using VoIP features).

In-App Purchases, Subscriptions, and Location Tracking
The mobile application may offer in-app purchases and/or subscriptions, which will be billed through your chosen App Distributor (such as Apple or Google) and are subject to their respective terms and conditions. You are responsible for reviewing and managing your subscription preferences directly through your App Distributor account settings.

Please note that certain features of the mobile application may require access to your device’s location data to function properly. By using these features, you consent to our collection, use, and sharing of your location information as described in our Privacy Policy.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach of any applicable terms and without obligating us to pay any fees or becoming subject to usage limitations imposed by the third-party service provider.

By granting us access to any Third-Party Account, you understand that:

1. We may access, make available, and store (if applicable) any content you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists or profile details.
2. We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such accounts, personally identifiable information that you post to those accounts may become available on the Site. If a Third-Party Account or associated service becomes unavailable, or if our access is terminated by the third-party provider, any related Social Network Content may no longer be accessible on our Site.

You can disable the connection between your Site account and your Third-Party Accounts at any time via your account settings or by contacting us at [insert contact email]. If you are unable to do so on your own, we will assist you in disconnecting the account. Upon disconnection, we will attempt to delete any information obtained from the Third-Party Account that is stored on our servers, except for identifying information such as your username and profile picture, which may be retained for fraud prevention, security, or legal compliance purposes.

Please note: Our use of personal information obtained through Third-Party Accounts is governed by our Privacy Policy. Your relationship with any third-party service provider remains governed solely by your agreement with that provider. We do not review Social Network Content for accuracy, legality, or appropriateness, and we are not responsible for it.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us, whether through the Site, by email, or otherwise, are non-confidential and shall become our sole property.

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment, compensation, or attribution to you.

You hereby:

• Waive all moral rights to any such Submissions;
• Represent and warrant that such Submissions are original to you or that you have the necessary rights and permissions to submit them;
• Acknowledge that you have no expectation of review, approval, or compensation for your Submissions.

You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as content or items originating from third parties, including but not limited to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other materials (“Third-Party Content”).

We do not investigate, monitor, or check such Third-Party Websites or Third-Party Content for accuracy, appropriateness, completeness, or compliance with applicable laws, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, security, or other policies of or contained in such Third-Party Websites or Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval, endorsement, or sponsorship thereof. If you decide to leave the Site and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk. These Terms of Use no longer apply when you leave the Site.

You should review the applicable terms, policies, and practices (including privacy and data collection policies) of any website to which you navigate from the Site or in connection with any applications you use or install from the Site.

Any purchases you make through Third-Party Websites are made at your own risk and are solely between you and the applicable third party. We do not endorse or assume any responsibility for any products or services offered by third parties, and you agree to hold us harmless from any losses or harm resulting from your access to, use of, or dealings with any Third-Party Websites or Third-Party Content.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

Manage the Site in a manner designed to protect our rights and property and to ensure the proper operation of the Site and the Marketplace Offerings.

Monitor the Site for violations of these Terms of Use;

Take appropriate legal action against anyone who, in our sole discretion, violates applicable laws or these Terms of Use, including, without limitation, reporting such individuals to law enforcement authorities;

Refuse, restrict, limit, or disable access to or availability of any of your Contributions or any portion thereof, at our sole discretion and without prior notice or liability, to the extent technologically feasible;

Remove or disable content or files that are excessive in size or otherwise burdensome to our systems, again at our sole discretion and without notice;

PRIVACY POLICY

We care about data privacy and security. By using the Site or the Marketplace Offerings, you acknowledge and agree that your use is subject to our Privacy Policy, which will be made available on the Site. This policy will outline how we collect, use, and protect your personal information. Once published, the Privacy Policy will be incorporated into these Terms of Use by reference.

Please note that the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from a region with different laws governing personal data collection, use, or disclosure, you understand that your data will be transferred to, stored, and processed in the United States, and you expressly consent to such transfer and processing.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please notify us promptly by sending a written notice (a “Notification”) to the contact information provided below. Your Notification must include:

1. A description of the copyrighted work you believe has been infringed;
2. A description of the material you believe is infringing and where it is located on the Site;
3. Your name, mailing address, telephone number, and email address;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in your Notification is accurate, and under penalty of perjury, that you are the owner of the copyright or authorized to act on behalf of the owner; and
6. Your physical or electronic signature.

A copy of your Notification will be sent to the person who posted or stored the material in question. Please be aware that you may be held liable for damages (including costs and attorneys’ fees) if you misrepresent that content on the Site is infringing your copyright. If you are unsure whether the material is infringing, you may wish to consult an attorney before submitting a Notification.

TERM AND TERMINATION

These Terms of Use will remain in effect while you use the Site. We reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Site and any Marketplace Offerings (including blocking specific IP addresses), to any person for any reason or no reason at all—including, without limitation, for violating any representation, warranty, or covenant in these Terms, or any applicable law or regulation. We may terminate your use of the Site and any related services, or delete your account and any content or information you posted, at any time and without warning.

If your account is terminated or suspended, you are prohibited from creating a new account under your own name, a fictitious name, or the name of any third party, even if you are acting on their behalf. In addition to termination or suspension, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive remedies.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time and for any reason, at our sole discretion, without prior notice. While we may update information on the Site, we are under no obligation to do so. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings at any time, without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or any related offerings.

We do not guarantee that the Site or the Marketplace Offerings will always be available or uninterrupted. We may experience technical issues, conduct maintenance, or encounter other circumstances that result in temporary downtime, delays, or errors. We reserve the right to suspend, revise, update, or discontinue the Site or Marketplace Offerings at any time, for any reason, without notice to you.

You agree that we will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Site or its offerings during any period of downtime or service disruption. Nothing in these Terms obligates us to maintain or support the Site or to provide any updates, fixes, or future releases.

GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. This applies to agreements made and to be fully performed within the State of New Jersey.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to resolve any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one Party to the other, which may be sent via email to the contact listed at the end of these Terms.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) shall be finally and exclusively resolved through binding arbitration.

YOU UNDERSTAND THAT, ABSENT THIS SECTION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Arbitration will be initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. These rules are available at www.adr.org.

The arbitration may take place in person, by phone, online, or via documents. Unless otherwise required, the arbitration will be held in Bergen County, New Jersey. The arbitrator must follow applicable law, and their award may be challenged if they fail to do so. Any Party may seek to enforce the arbitration award or stay litigation in a court of competent jurisdiction.

Court Proceedings

If, for any reason, a Dispute proceeds in court rather than arbitration, it shall be brought exclusively in the state or federal courts located in Bergen County, New Jersey. The Parties consent to personal jurisdiction in those courts and waive all objections based on venue or forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply.

No Dispute may be brought more than one (1) year after the cause of action accrues.

Restrictions

Arbitration shall be limited to the Dispute between the Parties. To the fullest extent permitted by law:

• No arbitration shall be joined with any other proceeding.
• There is no right or authority for any Dispute to be arbitrated on a class-action basis.
• There is no right or authority for any Dispute to be brought as a representative of others.

Exceptions to Arbitration

The following types of claims are not subject to the informal negotiation or arbitration requirements:

• Claims related to the enforcement or validity of a Party’s intellectual property rights.
• Claims arising from theft, piracy, invasion of privacy, or unauthorized use.
• Requests for injunctive relief.

If any part of this section is found unenforceable, that portion will be severed, and the Dispute will be resolved by a court of competent jurisdiction as described above.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including but not limited to descriptions, pricing, availability, and other details related to the Marketplace Offerings. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO GUARANTEES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THIS SITE. WE WILL NOT BE LIABLE FOR:

1. ANY ERRORS OR OMISSIONS IN CONTENT;
2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE;
3. UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR PERSONAL INFORMATION;
4. SERVICE INTERRUPTIONS OR TRANSMISSION FAILURES;
5. BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SITE;
6. ANY LOSSES OR DAMAGES RESULTING FROM CONTENT POSTED OR TRANSACTIONS CONDUCTED THROUGH THE SITE.

WE DO NOT GUARANTEE, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY LINKED WEBSITE, OR ANY ADVERTISING FEATURED ON THE SITE. YOU AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN INTERACTING WITH SUCH THIRD PARTIES.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless — including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees — from and against any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees and expenses) made by any third party due to or arising out of:

1. Your Contributions;
2. Your use of the Site;
3. Your breach of these Terms of Use;
4. Your breach of any representation or warranty under these Terms;
5. Your violation of a third party’s rights, including intellectual property rights; or
6. Any harmful act directed at another user you connected with through the Site.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to your indemnification, and you agree to cooperate with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding as soon as we become aware of it.

USER DATA

We may maintain certain data that you transmit to the Site for the purpose of managing its performance, as well as data related to your usage of the Site. While we perform regular routine backups, you are solely responsible for any data you transmit or that relates to your activity on the Site.

You agree that we are not liable for any loss or corruption of such data, and you hereby waive any right to bring a claim against us for any such loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Site, sending us emails, or completing online forms, you are engaging in electronic communications. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically—via email or on the Site—satisfy any legal requirement that such communications be in writing.

YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You waive any rights or requirements under any applicable laws which require an original (non-electronic) signature or the delivery, retention, or presentation of non-electronic records.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement between you and us.

Our failure to enforce any right or provision shall not be deemed a waiver of those rights.

These Terms operate to the fullest extent permitted by law. We may assign our rights and obligations at any time.

We are not liable for delays or failure caused by circumstances beyond our control.

If any provision is found unlawful or unenforceable, that part shall be severed, and the remainder will remain valid.

No joint venture, employment, or agency relationship is created between you and us.

These Terms shall not be construed against us solely because we drafted them. You waive all defenses related to the electronic form of these Terms and the lack of physical signatures.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, you may contact us at:

Rembrandts Coffee of Kinnelon, NJ
2 Kiel Avenue
Kinnelon, NJ 07405
United States
Phone: 201-762-2990
Email: jordan.jed@longfellowscoffee.com

You may contact us with questions, concerns, or complaints regarding the Site or these Terms of Use at the information provided above. For privacy-related inquiries, please refer to our Privacy Policy.